Opinion
Civ. Action 1:20-CV-49
02-01-2022
CAMERON DIXON, Plaintiff, v. BRIAN MEADE, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [ECF NO. 25] AND DISMISSING ACTION WITHOUT PREJUDICE
THOMAS S. KLEEH, UNITED STATES DISTRICT JUDGE.
On March 19, 2020, the pro se Plaintiff, Cameron Dixon (“Plaintiff”), filed a Complaint against the Defendant, Brian Meade (“Defendant”), in this action. Pursuant to 28 U.S.C. § 636 and the local rules, the Court referred the action to United States Magistrate Judge Michael J. Aloi (the “Magistrate Judge”) for initial review. On December 11, 2020, the Magistrate Judge entered a Report and Recommendation (“R&R”), recommending that the Court dismiss the action without prejudice for failure pay the initial partial filing fee or show cause as ordered.
The R&R also informed Plaintiff that he had fourteen (14) days from the date of service of the R&R to file “specific written objections identifying the portions of the Report and Recommendation to which objection is made, and the basis for such objection.” It further warned him that the “[f]ailure to timely file objections . . . will result in waiver of the right to appeal from a judgment of this Court based upon such Report and Recommendation.” Plaintiff accepted service of the R&R on December 17, 2020. To date, no objections have been filed.
When reviewing a magistrate judge's R&R, the Court must review de novo only the portions to which an objection has been timely made. 28 U.S.C. § 636(b) (1) (C). Otherwise, “the Court may adopt, without explanation, any of the magistrate judge's recommendations” to which there are no objections. Dellarcirprete v. Gutierrez, 479 F.Supp.2d 600, 603-04 (N.D. W.Va. 2007) (citing Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983)). Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
Because no party has objected, the Court is under no obligation to conduct a de novo review. Accordingly, the Court reviewed the R&R for clear error. Upon careful review, and finding no clear error, the Court ADOPTS the R&R [ECF No. 25]. This action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the Court's active docket.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to the pro se Plaintiff via certified mail, return receipt requested, at the last known address shown on the docket.